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Home My WebLink AboutWEST COAST ARBORISTS INC -2009 . 1 ~ ~ ~~ -...JO ~, -. CJ , -....., A-2009-068 IN!'ONFI!E Vii ",~()f'oED U,.iLIIL"~~~'20\. () CLERK Oi~wUNCIL DAlE' JUl.! 3 2llG.3 AMENDMENT TO AGREEMENT FOR TREE MAINTENANCE SERVICES THIS AMENDMENT, made and entered into this 1st day of June, 2009 by and between WEST COAST ARBORISTS, INC., hereinafter referred to as "CONTRACTOR" and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY". RECITALS 1. The CITY and CONTRACTOR entered into that certain "Agreement for Tree Maintenance Services A-2004-116" dated June 21, 2004, hereinafter referred to as "said Agreement," setting forth the terms, scope and conditions of the services CONTRACTOR is to provide CITY. 2. By Amendment dated July 7, 2008, the Parties agreed to adjust the unit pricing for tree trimming. 3. The parties hereto desire to amend said Agreement, to extend the term for an additional one-year period, and to allocate funds to pay for services during the extended term. WHEREFORE, in consideration of the mutual and respective covenants hereinafter set forth, and subject to the terms and conditions hereof, the parties hereto do hereby agree as follows: A. Section 1, TERM, shall be deleted in its entirety and replaced with the following: "TERM. The initial term of said Agreement shall commence June 22, 2004 and continue through June 30, 2009. CITY hereby exercises its option to extend the term for an additional one-year period, through June 30, 2010, on the same terms and conditions of said Agreement, as amended. CITY shall have the option to extend said Agreement for up to four additional one-year periods, on the same terms and conditions as set forth in said Agreement, as amended." B. Section 4A, COMPENSATION AND PAYMENT TO CONTRACTOR, shall be amended to increase total compensation by Eight Hundred Sixty Five Thousand, Three Hundred Fifty Dollars ($865,350) to pay for the services rendered in conformance with standards set forth in the Contract Documents during the period commencing July 1,2009, through June 30, 2010. Payment shall be made in accordance with the Schedule of Compensation attached as Exhibit B-1 hereto. " .~'. ., , ' C. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: ;/ CITY OF SANTA ANA /- pC~~ City Manager Patricia E. Healy Clerk of the Council \ APPROVED AS TO FORM Joseph W. Fletcher City Attorney ".eL WEST C04... if" ~.R R~BORIS \~~~ Patrick Mah~hey President -. . EXHIBIT B-1 SCHEDULE OF COMPENSATION ITEM DESCRIPTION 1 Tree Trimming 2 Service Request 3 Palm Trimming 4 Tree and Stump Removal 5 Tree Only Removal 6 Stump Only Removal 7 Tree Planting 24"Box with RB 8 Arterial- Tree Planting 24" Box with RB 9 Infill- Tree Planting 24" Box with RB 10 Priority - Tree Planting 24"Box with RB 11 Tree Planting 36" Box with RB 12 Tree Well Installation 13 Root Pruning 14 Crew Rental- 3 man crew 15 Emergency Crew Rental 16 Watering UNIT Each Each Each Inch Inch Inch Each Each Each Each Each Each L.F. Hour Hour Day PRICE $47.00 $55.90 $24.00 $18.70 $13.00 $5.90 $229.70 $280.00 $280.00 $280.00 $954.70 $272.70 $8.60 $136.35 $287.10 $373.40 ~A ~ X009 - a~~ Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OE INFORMATION ONLY AND CONFERS NO RIGHTS UPON Y"OU THE CERTIF[CA'E HOLDER. T}{IS CERTIFICATE IS NOT AN INSUR4NCE POLICY" AND DOES NOT.4MEND, EXPEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. POLICY LIMITS ARE NO LESS THAN THOSE L75TED ALTHOUGH POLICIES M4Y I\CLUDE ADDITIONAL SLBLIMIT'l.IMITS NOT LISTED BELOW. This is to Certify that EST COAST ARBORISTS, INC NAME AND ~~~ Liberty 2200 EAST VIA BURTON ADDRESS OF INSURED Mutual® ANAHEIM CA 92806 is, a[ [he issue date of this certificate, ivsoted by the Company uraler [hc policy~tes) listed below. The insurznce afforded by the listed policy(iea) is subject to all their terms, exclusions and ,.. .~.,_____,:..__._,._-_~~...._.....,...:_.._a...._..., ,,..,..,nay,... „r n.,., .,.., or,.. omPr Mrnmentwith respect to which this certificate may be issued. EXP DATE TYPE OF POLICY ^ CONTINUOUS ^ ExTENDED POLICY NUMBER LIMIT OF LLABILITY ® POLICY TERM WA2-66D-039499-079 COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY WORKERS 71112010 LAW OF THE FOLLOWING STATES: COMPENSATION DA Bodily Iv'ury by Accident STATUTORY 1 000 000 e~ n nmmoav Bodily Injury By Disease 1 000 000 Bodily Injury By Disease 1 000 000 COMMERCIAL 7/1/2010 TB2-661-039499-019 General Aggregate GENERAL LIABILITY 2 000 000 OCCURRENCE Products /Completed Operations Aggregate 2 OOO OOO ^ CLAIMS MADE Each Occurzencc 0 RETRO DATE Personal & Advertising Injury OO Per Person / Organuatmn 1 O O O O nn ~~ ~~hh 000 tM~DICAL PAYMENTS $5,000 OFF~2E DAMAGES $100 , AUTOMOBILE 7/1/2010 AS7-661-039499-039 Each .4ccidrn[-Single Litnit $1,000,000 B.I. And P.D. Combined LIABILITY Each Person OWNED m NON-OW^.~ EU Each Accident or Occuacnce r LJ HIRED Each Accident or Occurtcnce oTHEH 4!1/2009 711!2010 TH2-661-039499-049 $5,000,000 PER OCCURRENCElAGGREGATE UMBRELLA EXCESS LIABILITY APPROVED AS TO FORM ADDITIONAL COMMENTS / See Addendum Attached. ~.- ~~.~_ ~ ee' "dy G aura Stitt _ Assistant C' y Attorney ^ If the certificate expiration date is continuous or ex[enaea term, you ww oe nannm r, cwc~r.gc ~~ w,,.,,,.a~=~ ~..~..~...~.,~.~•....- •-.....--.- -..r-_.. _.. ___. prn- pa~leU merra~~ Liberty Mulual NOTICE OF CAVCELL.4TION: (NOT APPLICABLE UNLESS A NllMAER OF DAYS IS ENTERED BELOW.) Insurance Group BEFORE THE STATED EXPIRATIO] DATE THE COMPANY WILL NOT C~~..~LJ1CEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES LTTIL AT LEAST 3U DAYS NOTCE OF SUCH CANCELLATION HAS BEEN MAILED TO: city of Santa Ana ~ ~G~/~-~ ~" `-' "1` Sandy Fox PUI)IIC WOLICS Agency M85 AUTHORIZED REPRESENTATIVE Englewood 10972 E = 220 South Daisy Avenue Building-A 5975 S Quebec St, Suite 100 ~- Englewood C080111 303-708-8260 10/30/2009 lSantaAna CA 92703 I OFFICE PHONE DATEISSUeD This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as rJespects such insurance as is afforded by those Companies ISM 772 CERTIFICATE. -<ADDENDUM NAMED INSURED CERTIFICATE HOLDER 10/30/2009 WEST COAST ARBORISTS, INC City of Santa Ana 2200 EAST VIA BURTON Public Works Agency M85 ANAHEIM CA 92806 220 South Daisy Avenue Building-A Santa Ana CA 92703 RE: All jobs performed by the named insured during the policy term. Per form LN 2001 0605, City of Santa Ana, its officers, employees, agents, volunteers and representatives are additional insured under the General Liability policy if required by a written contract with the Named Insured, but only for the coverages and limits provided by the policy and the additional insured endorsement. This insurance shall be excess over any other coverage available to the additional insured, unless a written agreement obligates the named insured to provide insurance to the additional insured on another basis. In that event, this policy will apply on the basis required by the written agreement. Create6 at www.eCertsDNLINE com IU-AD2 (2002) 1772009009?6400071 THlS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET AADITIONAL INSURED This endorsement modifus inssuance pros~ded isndU the followvtg: CO>7\tERCI.'<L GE1vERAL L1dBiLIT1' CD\'ER.~GE FOR,II tiECTIDhi II - \VH() IS :lN INSURED is arntndcd to include a: an inatued ans person oc orgaruzalion Ear whom you has•e agxted in rriring to pttmd< Sabilin- insurance. Sur. ;he insurance pcos7ded br this amendment 1, dpptics ody to "bodily iniun•" or "propem• damagc" arising out of {a) "roar work" ar jh) prtsrsiscs or othtx pmpem• aw•n<d br ur tented co }'ov; ?. Applies only to mreragt and mirdmum limits of inatuaatt required br the w'nttm agreement. but in no <rtnt txceeds eithee dte scope of cmexagt nr the Gsnirz of insurance prtsvided by this pobn•; and 3. Data not appl?• to am person or arl;anizadon for whom srou has-e procured separate Gabtlin• insurance a•hik such instsrascs is in <ffeet, rcgardltss of whether the scups of coverage or limits of insurance of ilsis po4cg exceed those o(such other tnsuranct or whether such other insurance is slid and collectible. The fallaaring pros~nons alm apply. 1- \C'h<rt ih<apphCablE 6Tlnan HglCemeni ICg41/rea dl< 1itaUled 1D plO~ldC Imbskn' 1naU[ante On a prfnM19R, [xCC¢a, 40ntlngenr. OI ant other basis, skis potin• uill apply' sold)' on the basis regtared by~ stxh u>•itten agreement and lam J. C.Nh<+ [naurann of tiECTION 11• n{ this pnLc}' wd] nor apple. ?, \~'hcrs nc~ appligble wrinen agsecmem does not sp<cifr tm what basis the tisbilin• lnstssanct will apply`. the prosixntss of Stem a. (>thtr Instuancc oC SECTION 1\' of this polity will gm-crn. 3 7hs endorxment sha- not apply to any' ptrstsn nr ocgarriaation Eor asu• "bodik xtjurr" or "property' damagc" if an}` other addidma! snsur<d endorsement on this policy appli<a to that pcnon or orgatsizauon with regard to the ''bodily injury'" or "property damage', J. If ant tuber additional insured endorxinent apptics to Rn}' person or organizRnon and you are obligated under a wzin<n agreement to proside liabiGn• :nsurance on s prirnan•, excess, rnnringsnt, or any other basis fo: that add+uonat insured, this pobcy will apph• solcif on the basis required bl' such udttan agrnnme+n anJ (tea+:. Utlftr Inst:rancc of SLCT?O^! !\` of his policy wgl na apph•, regardless oEwhether the person or organizadlxs has arailablt tutxr ralid and tolkedbic insurante. !f ;hc appGeahle wdtstn agrctmtnt dots not spcdfr on what basis the liability insurance will applj, the pm}viona aElrcm N. (ldtsr lnaurancc of SSCTI Ut\s It' of this policy will gm•ttn. lTls mJo+vtuent w czrcutcJ b;'the LIBERTY MUTUAL FIRS INSURANCE COMPANY Prenuum 5 3%d(ertit~<llatc rtR mtuh,:+.nt m r,N~rr ~,,. .\uJ~t E1anc [s.w•J'Pn ligrin>;,m lbw 1'82.66]-Q39949-019 gSR7~C8NY PNI;,q[NtNr' AurM"s.sJ Nr~m.<antnr ItsucJ Saks UiirccsnJ ~u. timf ~viN a\.. I S LN 20 0106 D~